Birth Injuries

There is no greater devastation to a family than when a mother or child suffers from a birth injury. When this tragedy occurs, parents will ask themselves why this happened and what caused this condition. Many times a birth injury or defect is unavoidable - all professional standards of care were followed by the doctor and healthcare professionals. However, there are occasions when a birth injury is preventable and may be the result of medical malpractice or medical error. If you have doubts about a birth injury, you should contact a Moody Law attorney, serving serving Central Florida and Polk County, including Lakeland, Bartow, Winter Haven, and Haines City. A birth defect lawyer can evaluate your case to determine if malpractice occurred.

Common Birth Injuries

These disorders are often permanent and require a lifetime of expensive medical care and treatment. At Moody Law, our attorneys have experience representing families who have children who have suffered injuries resulting from a birth injury or defect. Attorney Dan Moody has made claims for families with injured children.

Birth Injuries

Birth injuries most often occur when a child's brain has been starved of oxygen or has sustained trauma during delivery.

The Florida Birth-Related Neurological Injury Compensation Plan

In 1987, the Florida Legislature created the Florida Birth-Related Neurological Injury Compensation Plan (NICA) for those children who suffered a birth-related neurological injury. A birth-related neurological injury is defined as an injury to the brain or spinal cord of a live infant or mechanical injury occurring in the course of labor, delivery, or resuscitation in the immediate post-delivery period in a hospital, which renders the infant permanently and substantially mentally and physically impaired. If the child qualifies, the NICA plan is the exclusive remedy for the recovery of birth-related neurological injuries in medical malpractice cases. Timely notice prior to birth to the mother / patient is a condition that must be met before a family’s recovery can be limited by NICA. A birth injury lawyer at Moody Law can evaluate and determine whether the proper notice under NICA was given by the healthcare professional and whether NICA benefits are available to you and your family.

NICA Benefits

Actual expenses for medical and hospital rehabilitative services, training, residential and custodial care and services, drugs, special equipment, facilities, and related travel that is medically necessary and reasonable. However, the award shall not include payments made from insurance, the state or federal government, or from other collateral sources.

A lump sum or periodic payments to the parents or legal guardian of the infant not to exceed $100,000.

Reasonable expenses incurred in connection with filing the claim, including reasonable attorney’s fees.

If your child sustained an injury during the birthing process, your family may be faced with a lifelong commitment of care that can be emotionally and financially devastating. The good news is that you may be entitled to benefits or compensation to assist with your circumstances. If you believe that a healthcare professional's negligence contributed to your child's birth injury or defect, contact an attorney at our Central Florida offices. We serve Winter Haven, Lakeland, Bartow, and all surrounding locations.